Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-07-29
ESTRAY STOCK.
The Law Relating TO Horses,
Cattle, Etc, Running at
Large, Condensed.


When any person shall discover on
his or her enclosed or improved lands,
any stray cattle, horse, mule or sheep.
it is lawful to take up the same and
it is the duty of the person so doing
to give notice to the owner, If ne or
she can be readily found, but il other
wise such person shall within four
davs deliver to the township clerk,
description OF the marks (naturai or
artifcial) of such stray in writing. or
in some other satisfactory way and
for every neglect or refusal so to do,
the person subjects himself to a pen
alty of five dollars, to be recovered as
debts of like amount are recoverable.
1t is the duty Of the township clerk,
under the same penalty for neglect or
refusal, to enter the same in his book,
for which he is entitled to the follow.
ing fees, viz: for each head OF horse
kind, fifty cents; for each head OF
cattle, twenty-five cents, and each
head of sheep, six cents, to be paid
bv the person delivering the notice,
the person to have the privilege OF
retaining the stray or strays, till the
fees are reimbursed by the owner,
and pay all reasonable charges for
publishing notice Gin clerks book
which shall not exceed six cents a
mile from his residence to the place
of keeping the book, and all reason-
able expense for keeping such stray
or strays as we'll as the damage done
by the same. If the owner appears
and neglects or refuses to pay the
above mentioned charges, &c, or the
parties cannot agree then either OF
them may complain to any Justice OF
the Peace of the county, who is re-
ouired to issue his warrant to three
honest and disinterested freeholders
of the neighborhood, to view the
said trespass, to value and appraise
the same, having due regard to the
sufficiency of the fence of such enclo-
sure. and the costs of the township
clerk, and the cost of keeping said
stray or strays, and report the same
to said Justice with all convenient
speed. If the valuation, &C.. amounts
to more than the sum rendered by
the owner, then the party taking up
the same is entitled to costs, and the
same as if no tender was made. But
if it amount to no more than was
rendered then the judgment carries
no costs, and the justice on the judg-
ment thus obtained can issue an ex-
ecution.
But if tie owner shall not appear
within ten days after it shall have
been taken up, then it is the party's
duty to advertise it, particularly
describing the stray in at least one
newspaper of the county, and if no
owner appears within sixty days
from the time of said publication, the
person taking up the same shall
make application to any justice OF the
peace Of his township who is author
lied and requested to issue his war
rant to any constable within the
township, and to cause him to expose
the stray or strays to public sale,
after giving ten days public notice
by three or more notices in public
places in said township, and after
paying the costs and charges, damages
&c to the party taking up the same,
the justice shall pay the balauce to
the county treasurer, if any balance
there be. If the owner appears with
in one year after sale and proves his
property to such stray or strays,
then such justice or any other in the
county shall certify the same to the
county treasurer who shall pay the
whole amount of such surplus to said
owner. After one year it belongs to
the county and the owner is barred
from recovering it. If any person
takes up any stray Or strays and neg
lects to give notice as reqnired by
law, they are entitled to no damages
for trespass committed by said strays,
and shall deliver it up the same to
the owner without any fee, recon-
pense or reward whatsoever.
We find the aboYe in an exchange.
Whether it is all law now or not we
cannot say. But there are some
parts of this old law that are said to
be still in force, end therefore we pub
| lish it.